| This Agreement is between
Cyberbay.NET, doing business as Cyberbay.net, a Texas corporation duly
authorized and existing under the laws of the State of Texas, with its main office at 2280
East Main St Suite C-3, League City, TX 77573 (hereafter "we," "us,"
"our," or "Cyberbay.net"), and the Customer(s) or Account
Holder(s) (hereafter "you," "your," "yours" or "the
Customer") for Cyberbay.net and its affiliated companies to provide certain
computer network services as more particularly described below, and is considered executed
on the commencement of your use of Cyberbay.net's service. This Agreement covers
Cyberbay.net's guidelines for Internet Provider Services and World Wide Web Page Hosting
Services as listed on its New Service Registration form.
Your continued use of our services constitutes your
acceptance and agreement with the following terms and conditions:
1. Access, Network Usage and Home Page Maintenance
To use our services, you must have an appropriate and legal
method of access to Cyberbay.net's network services, and to any other services you may
access via Cyberbay.net's network services. You acknowledge that Cyberbay.net does not
normally own or control the various cable, telecommunications or other facilities to which
it may provide access, except those specifically identified as belonging to Cyberbay.net.
Arrangements for use of, or access to, such facilities must be made with those who own or
control them. The Customer is responsible for providing, operating and maintaining the
necessary cabling, peripherals, and computer hardware and/or software used for this
service at their site. Cyberbay.net access shall be offered to the Customer in accordance
with the criteria set by Cyberbay.net, as listed in Exhibit A. The Customer shall be
responsible for their own user/access security and network access. Cyberbay.net provides
no user access security with respect to the Customer's facilities or the facilities of
others. Cyberbay.net may, from time to time, assist in network security breach detection
or identification, but does not undertake any duty to do so, and shall not be liable for
any inability, failure or mistake in doing so. All local access installation costs and
dial-up costs (e.g., telephone, xDSL and/or ISDN lines) are the responsibility of the
Customer.
2. Home Page Maintenance
Cyberbay.net will assign you a password and account login
name.You agree to protect your password and login name and not share it with others.
You are responsible for updating and maintaining your own Home Page and associated
information on the Internet. Cyberbay.net is not liable for data integrity and graphical
file images, so please keep a backup of all web pages, web page images and other
associated data.
You may upload web pages of your own, but not of any other
person or entity. You may not resell your own web space provided by Cyberbay.net to some
other person or entity.
Cyberbay.net allows most forms of home page hosting.
However, you may not set up an "adult-based" home page, or link to adult-based
web pages, without Cyberbay.net's express consent. Adult-based web pages are those which
pertain generally to violence, nudity, and sex.
Bandwidth policies apply to all home pages. Please view the
Bandwidth Policies page.
3. Network Use
You may not connect to Cyberbay.net more than once (one
session) at any one time unless your account provides for multiple simultaneous
connections (a standard dial-up account provides for only one connection at a time). A
Cyberbay.net session is defined as a connection between a Customer's host computer and
modem (or access device) using the public switch telephone system, public data networks
(e.g. ISDN or xDSL), or any other form of interconnection media.
4. Anniversary Date
You agree to pay to Cyberbay.net, via charges to your credit
card or by invoice, the fees charged for the services you have ordered. The setup fee (if
any) is non-refundable. Service Commencement is initiated on the basis of the receipt of
the validated credit card information, or payment of invoice, of the appropriate fees. The
date of such initiation shall be referred to as the "Anniversary Date". If you
are paying by credit card, Cyberbay.net will debit your credit card, or account, for these
charges.
Cyberbay.net reserves the right to evaluate your account
usage on a quarterly basis and adjust monthly fees in accordance with usage, with the
lowest fees being Cyberbay.net's published fees.
4.1 Domain Name Policy and Fees
Network Solutions, Inc. serves as the InterNIC domain name registrar under a cooperative
agreement sponsored by the National Science Foundation. We strongly suggest that you
review the following information published by InterNIC:
- Fees and Procedures
- Invoicing and Payment Procedures
- Frequently Asked Questions
- Domain Name Registration Form
-
- Our policies concerning Domain Name Registration,
which can be found at http://www.Cyberbay.net/domainpolicy.shtml,
also apply to and are a supplement of this Service Agreement.
- 5. Warranties
NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE
REGARDING Cyberbay.NET'S SERVICES AND SOFTWARE OR THE PROVISION THEREOF, INCLUDING THE
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are responsible
for the integrity of your data and all graphical files. Cyberbay.net assumes no
responsibility for any damages suffered by Customer, including but not limited to, loss of
profits or revenue or loss of data from delays, non-deliveries, mis-deliveries, or service
interruptions caused by Cyberbay.net and/or its affiliated companies' own
negligence or Customer's errors and/or omission. You understand and agree that
Cyberbay.net would have to charge you much higher prices in order to provide such
warranties.
6. No Warranty on Related Hardware or Software Products
Cyberbay.net makes no warranty with respect to any software
of hardware used or provided by Cyberbay.net in connection with this service. Any patent,
trademark, trade secret or warranty infringements, whether actual or alleged, are the
direct responsibility of the manufacturer of said hardware or software product.
Cyberbay.net assumes no responsibility for any actions or liabilities arising from the
possession or use of this software or hardware products
7. Limitation of Liability
Neither party shall be liable to the other for any loss,
damage, liability, claim or expense arising out of or in relation to this Agreement or the
provision of the service or equipment, however caused, whether grounded in contract, or
tort (including negligence) or theory of strict Liability. The parties agree to work in
good faith to implement the purposes of this Agreement, but recognize that the network
connection and services to be provided by Cyberbay.net can not be made available under
these terms or similar terms without a substantial increase in cost if the parties were to
assume a greater degree of liability to each other
8. Specific Disclaimer and Prohibited Uses
Cyberbay.net's Internet service and software is not designed,
manufactured or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, direct life
support machines, weapons systems or securities/commodities trading, or indirect
monitoring of any of the preceding thereby, in which the failure of the Internet service
or software could lead directly to death, personal injury, severe physical or
environmental damage, or loss of revenues or profits. ACCORDINGLY, CYBERBAY.NET AND ITS
LICENSORS PROHIBIT USE OF Cyberbay.NET'S INTERNET SERVICE OR SOFTWARE IN CONNECTION WITH
THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH AND SPECIFICALLY DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR SUCH ACTIVITIES. Use of the Internet services or
software by you constitutes a full release and discharge of Cyberbay.net, its officers,
directors, employees, agents and legal representatives by you of any liability in the
event that you use the Internet service or software for the purposes prohibited in this
paragraph and suffer or cause harm, whether physical or financial, thereby.
9. Term/Extension/Termination
This Agreement shall extend from the Anniversary date until
one month from the Anniversary date, and shall continue month-by-month as per this
Agreement.
10. Notices
You agree to follow up all correspondence from you that is
electronically mailed (E-Mailed) or telephoned in to Cyberbay.net in writing,
addressed to Cyberbay.net , 2118 Shasta Drive, Kemah, TX 77565
11. Access to Other Networks
Use of other Networks may sometimes require approval of the
respective network authorities and use will be subject to any acceptable usage policies
such network establishes.
12. Regulation and Authorization
All services to be provided to the Customer either in part or
in total through Cyberbay.net are appropriate subject to relevant Federal and State
regulations. If these same services are offered through other networks, Cyberbay.net
accepts no responsibility for their authorization. This service may only be used for
lawful purposes. Materials and/or transmission in violation of any local, state, Federal
or international regulations is prohibited. This includes, but is not limited to,
copyright material, threatening or obscene material, or material protected by trade
secret. Customer agrees to indemnify and hold harmless Cyberbay.net from any claims
resulting from Customer and third party use of this service.
13. Proration of Fees
Please refer to our Acceptable Use Policy
14. Rates
Cyberbay.net's U.S. Standard service costs are
outlined in its Registration Form. Prices are subject to change in proportion with
business needs as required
15. No Assignment
The Customer shall not sell, resell, transfer, or assign this
Agreement without the prior written consent of Cyberbay.net. Any act in derogation of the
foregoing shall make this Agreement null and void; provided, however, that any such
assignment shall not relieve you of your financial obligations under this Agreement.
16. Severability and Entire Agreement
If any provision of this Agreement is held by a court of
competent jurisdiction to be contrary to law or invalid, the remaining provisions of this
Agreement will remain in full force and effect. This Agreement represents the complete
agreement and understanding of the parties with respect to the subject matter herein, and
supersedes any other Agreement or Understanding, written or oral.
17. If Cyberbay.net Terminates Your Service
Cyberbay.net retains the right to terminate your account for
any reason it determines in its sole and absolute discretion. Should Cyberbay.net
terminate your service, you specifically waive the right to sue or have the ability to
surrogate those rights for any losses. If Cyberbay.net terminates your service,
Cyberbay.net will prorate and refund any unused monthly service fees in 1 month
increments.
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